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CONKLING v. POLLOCK

No. 1 CA-CIV 3106.

27 Ariz. App. 670 (1976)

558 P.2d 35

Gary Howard CONKLING, Appellant, v. Jack POLLOCK, City Magistrate of the City Court of Yuma, Arizona, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

December 23, 1976.

Attorney(s) appearing for the Case

Paul Hunter, Jr., Yuma, for appellant.

Douglas S. Stanley, City Atty., Yuma by William E. Farrell, City Atty., Yuma, for appellee.

OPINION

WREN, Judge.

The appellant was found guilty in the City Court of the City of Yuma of speeding and driving while under the influence of alcohol. The appellee, who presided over the trial, was the Magistrate of the City Court of Yuma and a non-lawyer. Prior to sentencing the appellant petitioned for a special action in Superior Court to enjoin sentencing for the reason that he was denied due process of law because he was tried before a non-lawyer judge...

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